tv Studio B With Shepard Smith FOX News August 23, 2013 12:00pm-1:01pm PDT
thanks for watching "america live." "studio b with gregg jarrett" in for shepard starts right now. >> thanks, shannon. this is "studio b." guilty on all counts. the jury convicted the ft. hood shooter, major nidal hasan for the shooting rampage that left 13 people dead, dozens more hurt. we'll speak live to a defense attorney who has worked with this judge. for the second time this week, we are hearing a man is dead after what police called a random attack by teenagers. details on the world war ii veteran killed and the search for one of the suspects. plus, these two travelers say a cruise company stranded them at a hospital in turkey
where nobody spoke english after the man fell and broke his hip. we'll talk to the travel agent working to get them back home. that's all ahead unless breaking news changes everything on "stud yes b." first from fox at 3:00 in the east, a jury just a short time ago found major nidal hasan guilty of killing 13 people, then trying to kill 32 others in the massacre at ft. hood. victims' family members cried, they hugged one another inside that courtroom after jurors announced their verdict declaring that major hasan is guilty of all 45 charges against him and because their verdict on the premeditated murder charge was unanimous, the army psychiatrist could now face the death penalty. yesterday he declined to give a closing argument and on wednesday he rested his case without calling a single witness or testifying on his own behalf. attorneys on stand-by to help major hasan said he appeared to
be seeking the death penalty during the trial but it's a claim he's denied. remember, major hasan stormed into a medical building at the texas military post back in 2009. he opened fire on soldiers preparing to deploy overseas. casey stegall is live at ft. hood. he's been inside the courtroom for much of the trial. casey, this panel really took their time, didn't they? >> reporter: yeah, gregg. they really did, deliberated for 6 1/2 hours total, 3 1/2 yesterday, and then roughly 3 today. you know, a lot of people really thought that this was an open and shut case, especially because at the very beginning in his opening statement major hasan himself said the evidence would show that he was, in fact, the shooter, but even so, and you can appreciate this being a lawyer, the charges were extensive. the panel members had a very long list to go through, and that takes a fair amount of time. so they wanted to make sure that
all of the if"i"s were dotted a the "t"s crossed. he was found guilty on all 13 charges of premeditated murder for the 13 people who died and then 32 charges guilty of attempted premeditated murder. that was for those who were injured. the panel members' vote was unanimous on all of those charges. when that verdict was being read, major hasan sat quiet, emotionless, and looked down at the table. much of the similar behavior he's exhibited through this entire proceeding. no real reaction whatsoever. the 42-year-old has not been seen by the public or photographed even for quite some time. we only have this mug shot of him that was shot several years ago, and now officials here at ft. hood have told us that after the sentencing, the press is going to be able to shoot video of the accused gunman, now the convicted gunman, to release to you once he is taken out of the courthouse for the last time and
likely transported to death row in ft. leavenworth in kansas, gregg. >> how exactly does the sentencing work, casey? >> reporter: well, it's going to take about two days, and it will start on monday, and basically it's like another mini trial or mini court-martial, if you will, because the prosecution will call a new set of witnesses, 16 tot total. 13 of the 16 are family members who lost loved ones on that day. they're going to be what they're called impact statements. they're going to be very emotional. they're going to be very tough to hear. frankly, the family hasn't really spoken publicly really since this attack. so this is the first time that we're going to hear from them. of course, the prosecution trying to pull at the heartstrings of those 13 panel members to try and have them execute the death penalty here because in order for major hasan to get the death penalty, the panel must be unanimous in their
decision. but, again, about two days starting first thing monday morning. so this whole song and dance could be over, gregg, by the middle part of next week, but no doubt the families finally getting some justice nearly four years later here. >> casey stegall, great job down there. thank you so much. >> reporter: thanks, buddy. >> let's get more on today's verdict. lisa windsor joins us, a retired army colonel, former j.a.g., a current military defense attorney. she was stationed at ft. hood for years, a colleague of the judge in this case, tara osborne. thank you for being with us. judge osborne i think most lawyers would say was very wise and judicious and skilled because what she did here was limited the scope of the evidence presented by prosecutors, wouldn't allow, for example, evidence that hasan had corresponded with anwar al awlaki, the american-born cleric associated with al qaeda. is that because the judge wanted
to give less of an opportunity to attack the record on appeal? >> that certainly could be the case. you know, it's the judge's responsibility to keep a clean record and to avoid any kind of errors on appeal. so i feel that she was limiting the scope to, rightly, the elements of the offense and the evidence that was needed to prove up the elements. >> we'll put a graphic up on the screen. the judge obviously knows the record of appeals. look at this. there are five condemned soldiers currently on death row, but military appeals courts have overturned 11 of the 16 death sentences. no active duty soldier has been executed in the system since 1961. so in the military system, it's hard to put somebody to death, isn't it? >> well, it is. the appellate courts look very, very closely on those cases. often times it's infective assistance of counsel, but, of
course, that's not an option in this case. >> yeah, because he chose to essentially waive his jurors -- his lawyers, make them sit on the sidelines and he represented himself. but what about that? would a judicial panel on review, and it could go all the way to the u.s. supreme court, look skeptically at that? >> no. if someone elects to represent themselves, they can then not turn around and claim that they were infective. >> yeah. all right. these jurors will meet on monday. they have to find at least one aggravating circumstance, and one of the eligible ones under the statute is multiple victims. it's clear there are multiple victims here, but maybe the jurors will also think this is a guy who wants to kill himself after all. he did say i'm a paraplegic, could be in jail the rest of my life. if i die by lethal injection, i
would still be a martyr. might one or more of these jurors, the panelists, say, hey, wait a minute, let's not give him what he wants, death and martyrdom? >> oh, i think if he's banking on that, he is mistaken. i think the panel will not think twice about giving him what he wants if that's it. i think what comes into play in those kinds of considerations is possibly more personal beliefs about the death penalty. >> let me ask you one more question about appeal. again, most of these cases get thrown out on appeal, the death penalty cases in the military. he wanted to argue defense of others, as sick and twisted as it is, his argument was i want to kill american soldiers so they won't kill terrorists. judge wouldn't allow it. said it is too speculative. it's not imminent. might that give grounds for success on appeal?
>> i'm sure it will be an issue on appeal. i don't think it will be a successful appeal. the evidence in the case simply did not point to that defense as being reasonable. >> well, if you were a betting person, would you bet that death will be the end result here? >> well, i'm not a betting person, but i think it's certainly a possibility. >> lisa windsor, thanks for being with us. appreciate it. >> thank you. in the meantime, a jury has also ruled on the sentence for the american soldier who pled guilty to murdering 16 afghan villagers last year. jurors sentencing staff sergeant robert bales to life in prison with no chance of parole. just yesterday the soldier apologized in court calling his predawn massacre an act of cowardice but adding sorry just didn't good enough. he pled guilty in june as part of a deal to avoid the death penalty. most of his 16 victims were women and children. the soldier, a father of two, was on his fourth combat deployment at the time.
another seemingly ran done attack by teenagers has left a man dead and now one suspect is under arrest, another still on the loose this hour. this time the victim was an 88-year-old world war ii veteran who had survived the battle of okinawa. his name, delbert bellton, his friends called him shorty. they say he took a bullet in his leg during okinawa's months long battle that ended with thousands of japanese and american fighters dead. one relative says that he, the relative, was unemployed and depressed for a long time near rock bottom when belton offered to help him get his life back on track, even gave him a brand new car. >> it seems trivial but he
really did save my life. he made it possible for me to go get job, find work. he wasn't just my great uncle, he was a great person, and he didn't deserve to die like that. >> a friend tells the spokesman newspaper that belton had been waiting outside an eagles lodge in spokane, washington, wednesday night waiting for another friend because he did not want her to walk home alone. and that's when police say two teenagers suddenly approached the man and attacked and beat him to death. of course, this is coming a the very same week that police say three teens in oklahoma shot and killed a visiting baseball player from australia out of boredom. dan springer live in seattle. dan, what do we know about the suspects in the case of shorty? >> reporter: we're learning a lot more. this investigation is moving rapidly. i just got confirmation on the name of the suspect who was arrested last night. the public defender's office says he's 16-year-old demetrius
glen. even though he's a juvenile it's almost certain he will be tried as an adult. glen and other teenager were captured by multiple surveillance cameras. there was a witness who saw the suspects running from the scene. police say they know the identity of the second suspect and were planning to release it about an hour ago at a news conference, but that conference got canceled because of a shooting in the city. no word yet on any prior convictions for glen, but we should know soon his first court appearance will likely be monday. >> dan, what more are you learning about the attack itself? >> reporter: well, it sounds like a random robbery that turned into a brutal attack. police say delbert burton was suffering from severe head wounds when they got to him wednesday. he died early thursday morning. a relative told local reporters that the attackers used heavy flashlights to beat him. shorty, who everybody says was just a great guy, are shocked. they say he was kind, generous,
nobody knows how much money the attackers could have gotten away with, but it couldn't have been much. shorty spent a lot of time at that eagles lodge playing pool. there's already a makeshift memorial set up outside. >> dan springer, thanks very much. as we mentioned, this was the second time this week that police say teenagers killed a random victim. coming up, how folks across the country are coming together to honor this aspiring athlete murdered, cops say, because some teens got bored. plus a couple probably thought their worst vacation was the time their cruise ship caught fire, but then came the makeup cruise. it was even worse. dad. how did you get here?
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from florida who claim that a popular cruise line essentially abandoned them in turkey of all places. this is the couple. the husband apparently fell and broke his hip while on a ship which royal caribbean owns. royal caribbean arranged for him to get treatment at a nearby hospital in northern turkey, but the wife says the place was absolutely filthy and there was nobody there who spoke english. she says a local tour guide stepped in at the last minute, contacted the u.s. embassy, helped arrange a transfer to the american hospital in istanbul. >> i don't know if he would have survived. they have to revamp policy for international care. >> royal caribbean issued this statement. we'll read part of it. quote, we helped arrange transportation via ambulance to the closest area hospital. once ashore, we worked closely with the travel insurance provider as they have the expertise to deal with local authorities and medical facilities. well, officials at the
department of state in the u.s. say the consulate general in istanbul has been in touch with the couple and is providing all appropriate assistance. by the way, the couple says this was their free makeup trip after a fire broke out on their last royal caribbean cruise. that was in april. lovely. tammy lavent joins us. she's the couple's travel agent. thanks for being with us. as you know, cruise ships are called common carriers and they have a duty to protect the health and safety of passengers. dropping off an injured passenger at a flea bag hospital that's dirty and nobody speaks english, is that exercising due care? >> no, absolutely not. i just want to say, it's not that -- it was not really that it was a dirty hospital, but it
was the lower standard of hospital. it's nowhere you would take anybody with a broken hip to have surgery. >> they bought their travelers insurance through royal caribbean. in your judgment is there sort of an extra duty upon which they were relying in the end to their detriment? >> absolutely. we couldn't get any other insurance. if there is something out there, i wish i would have known about it, but i really didn't because it was the free makeup cruise, as you know. so if it's a free, makeup cruise, how can i get another insurance purchase when i never purchased the trip. we were at the mercy of royal caribbean's insurance. even if they said there was ground insurance, they should have been there for them. they didn't get there until today. >> we read the statement. they said essentially we got them to the hospital offering the transportation and we've been working with the insurance provider. that's not enough, is it? >> no, no. you don't just leave somebody and say we have somebody there to cover it when they were in a
country they didn't speak the language, but beyond that he needed some serious help. he needed -- if it wasn't for my agent, judy, who was on the phone with them and then she contacted the turkish tour operator who translated for them, he gave his own blood for him to have surgery, he's the one who suggested he go to the american hospital. >> he's a real hero. as i understand it, the hospital gave dodge a $20,000 bill on the third day after his surgery. >> two hours -- >> two hours after his surgery? lovely. did you have to fight with royal caribbean to get them to cover that? >> no. i went to all of you, and you guys all helped me do that. i didn't have to fight anything. i just said let me tell them how it really is, and i went to our senator. bill nelson was the best. he went all the way up to the state department in washington, and i came to the media and i said this is ridiculous, enough is enough, and now there is updates on the insurance, but
they wanted him to pay the bill first and get reimbursed. i'm like, really, ten days in the hospital, $10,000 a day, let's do the math. >> royal caribbean insists the health and safety is always their top priority. does this make you wonder? >> i don't know. why don't we look at their track record. if you go to maritime -- there's a website, it tells you all the late etion ist incidents on cru ships. >> are you going to book anybody on royal caribbean ever again? >> yes, i am. >> oh, you are? wow. >> of course i am. that's the customer's choice. they can go wherever they want. i will just tell them about all this and they have to make the ultimate decision. it's their vacation. >> they say royal -- royal caribbean says they're going to pay to get this couple home. that's not going to make up for it, is it? >> absolutely not. and i don't know. it's up to them if they want another free trip. it's not me. i know they love cruising, but
if they've gone on over 30 cruises and they've been with royal caribbean most of the time, that's hundreds of thousands of dollars they've spent. i think they need a little more compensation at this point. >> dodge and jill, we wish you well and hope you recover and get home safely. tammy levent, thank you so much for being with us. glad we could help. >> well, thank you for everything. if it wasn't for you and if it wasn't for everyone out there on the outpouring of support from media and senator bill nelson, i don't think we'd be in this shape that we're in right now. i think that, yes, it took the initiative on my part, but all of you have truly helped and i appreciate it because we're finally getting somewhere after five days. >> listen, you really went to bat for your clients big timie and to hats off to you. >> i would do it again and again. thank you. >> thanks so much. take care. americans are opening their hearts in the wake of an apparent random killing of a college student in oklahoma. remember investigators say that three teenagers killed
christopher lane out of boredom. he was a baseball player from australia who was attending oklahoma's east central university. earlier this week a former teammate started an online fund to help cover costs of returning lane's body to australia. the initial goal, $15,000. well, it has surpassed that, receiving more than 150 grand in donations at looast check. we're told any money left over will go toward establishing a memorial in lane's honor. garrett is here with the news now. any word from lane's family? >> reporter: yeah, gregg. actually chris' girlfriend and her family are now on their way to australia with his remains. and we're told they should arrive in melbourne sometime tomorrow. chris' family is making those funeral arrangements now for early next week, which they haven't been able to do not knowing how they would be able to get over here because originally they were planning to come to the u.s., but with all of the added stress from the international attention that
this story has received, they decided to wait until things have settled down. so now his girlfriend and her family are bringing the body there to christopher lane's family. and with all of these donations that have been pouring in from all across the country and across the world, i'm told the family is considering establishing a scholarship fund that would help other kids be able to chase their dreams because they say that was something that was really important to chris and is what brought him all the way to oklahoma to play baseball. gregg? >> and what is the latest with the investigation? >> reporter: the district attorney says that they are still talking to one of the teens who is cooperating with investigators. that is a 17-year-old michael jones. he's the one police say was driving the car when christopher lane was shot in the back. jones is the only one of the trio not facing life in prison without parole since he's only been charged as a first-degree accessory after the fact for being the driver. the other two, 15-year-old james
edwards, jr., and 16-year-old chancey luna, are being tried as adults for first-degree murder, and prosecutors say it will likely be another 18 to 24 months before this case goes to trial. gregg? >> garrett tenny, thanks so much. president obama making his first public comments after the reports of a chemical attack in syria. we're going to tell you what he had to say and what it could mean for possible u.s. military action there. plus, it has been nearly one year since the terror attack in benghazi. the suspects still at large. and now sources are telling us why they may stay at large. that'soming up as we approach the bottom of the hour and top of the news. ♪
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i'm gregg jarrett in for shepard 134smith and this is "studio b." president obama calls the chemical weapons attack a big event of grave concern which will require america's attention but he says he needs to consider our long-term national interest before deciding to take action. >> folks will call for immediate action, jumping into stuff that does not turn out well. gets us mired in very difficult situations, can result in us being drawn into very expensive, difficult, costly interventions that actually breed more resentment in the region. >> the president making news for
his first public comments in an interview with cnn, and it comes as the civil war reaches a grim milestone. the united nations now reporting the number of child refugees escaping the violence in syria has topped 1 million children. the u.n. also reports that more than 100,000 men, women, and children have died in the two-year-long civil war. chief fox correspondent jonathan hunt now. jonathan, president obama still seems kind of wary of getting too deeply involved. >> yeah, and every expert will tell you, gregg, that that is largely because they don't know, the u.s. administration, what would come after the fall of president bashar al assad. they do not trust many of the rebels who have clearly been infiltrated by al qaeda and other islamist groups, although president obama will only say publicly that the slowness in reacting is all about coalition building and the rule of law.
listen. >> if the u.s. goes in and attacks another country without a u.n. mandate and without clear evidence that can be presented, then there are questions in terms of whether international law supports it, do we have the coalition to make it work. >> president obama also said that, in his words, we are doing, quote, everything we can to put pressure on those who would kill innocent civilians. his critics would say, gregg, that the phrase "everything we c can" is far from the truth. >> and the violence and the suffering continues to get worse. >> and the most obvious example of that, of course, was this alleged chemical weapons attack in a damascus suburb earlier this week. reuters, by the way, is now reporting u.s. intelligence officials have made a preliminary conclusion that it was, indeed, a chemical weapons attack and it was carried out by syrian government forces.
then on top of that, there is, as you mentioned, the question of the refugees. the united nations reporting today that the number of child refugees, just children, has topped 1 million. a u.n. official pointing out, gregg, that that would be as if every single child in the cities of boston and los angeles combined had fled. worth repeating that. every single child in the cities of boston and l.a. it's that equivalent now according to the u.n. >> all right. jonathan hunt, thanks very much. let's bring in richard grenell, former spokesman for the last four ambassadors at the united nations. he's now a fox news contributor, a fellow with the project to restore america which describes itself as a nonpartisan advocacy group. rick, good to see you. the president said this is big and grave, but, ofhemical attac big and grave, and yet in your judgment did the president do
very little even though he vowed that he would? >> yeah, he's done very little and let's be very clear about what he just told cnn. he admitted that u.s. policy will be vetoed by the u.n. he said we can't do something unless the u.n. approves it. that is breaking news. that is really unbelievable for the president of the united states to submit to the united nations that way. the other thing that he made clear in that cnn interview is that the president of the united states views the situation in syria with just black or white issues. he either thinks it's war or no war. i find it very perplexing that we have a commander in chief that doesn't understand that there's a middle ground. no one is talking about putting u.s. boots on the ground or at least i'm not talking about it and no one should be talking about it. but there's a lot that we can do that is not about putting u.s. military boots on the ground. >> sure.
for example, you can take out a lot of their military apparatus without putting american lives at risk. you can establish a no-fly zone as john mccain has suggested. what do you think of those actions? >> i would be against a no-fly zone at this point. i think it's too late, it's too dangerous. we don't want to be dragged in, i would agree with the president on that, but there's a lot we can do. clearly the neighbors are very outraged at what's going on. syria has become yemen. it's become a place where radicals have a safe haven. and that doesn't go over well in jordan or turkey and some other places. so we should work with our allies to have a containment strategy. let's go back to where we had the syrians pushed back in 2006 out of lebanon and we contained it within that government, and then i would recommend that it's still not too late to arm the rebels. we need to figure out a way to
delegitimize assad and arm the rebels so we can end that vie lents. >> after the chemical attack, the most recent one, the united nations security council held an emergency meeting, and obama's pick to be the new u.s. ambassador to the u.n. wasn't there. we're told she was on a personal trip, samantha power. we're now learning that she was in ireland. should she have been there? after all, she just started the job 19 days earlier. >> yeah, i'm not sure who gets the vacation after 19 days. i think anyone in the government who works really hard deserves a vacation. this is not about taking a vacation. but it is about saying if the u.s. policy is our entire u.s. policy is at the u.n., that's the only thing we're doing, it seems to me that the president's cabinet pick should be at the meeting. the other thing that's really under reported here is that samantha powers sent in her
deputy, who attended the meeting on her behalf, and that deputy came out, rosemary dicarlo, came out and didn't speak to the press, didn't have a u.s. response. she said, i'm going to let the uk ambassador speak for us. so not only did we not have a voice, but we had the british speaking for the americans. >> rick grenell, thanks very much for being with us. as we approach one year since the deadly attack on our consulate in benghazi, libya, the suspects in that attack remain at large. now sources telling fox news much of the u.s. team that has helped track those suspects set to leave libya for good. pentagon officials denying that claim. they say the group was only in the country to provide counterterrorism training, was never specifically tasked with hunting the suspects. the department of justice did file criminal charges against several suspects about two weeks ago. that attack last september 11th killing ambassador chris stevens, information officer sean smith, and former navy s.e.a.l. tyrone woods and glen
dougherty. adam housley live in our west coast newsroom with more. adam, where are we in this investigation? >> reporter: well, the information we've received in the last week really reaffirms and also moves forward what they had heard, which is the u.s. had information on these suspects last november, was reiterated in january and put, quote, on a silver platter for u.s. leaders, and nothing was done. now what we have learned in the last week to advance that even more is that there was an action report actually given to the president back on august 7th, and at least one suspect in the benghazi attack. also, a number of things that have happened behind the scenes in the last few months. first of all, we've been told that at one point a special operator who had come into the area to take over the unit training libyans had some words with the interim ambassador basically saying i'll be letting these guys get away with murder and the person that replaced him, general carter ham, who has since retired that some people believe may know more about what happened that night, apparently
he presented a plan as well and that plan was ignored. gregg, at this hour, no one has still been arrested. you mentioned the charges filed two weeks ago. don't take fox's word for it. the people we've spoken to, there have been media outlets around the globe in the last few weeks have talked to some of these people who are basically walking three. >> our own greg palkot interview ed one of the suspects. reporters have these guys on speed dial. what is preventing the u.s. from making a move on the suspects? >> reporter: right now it's in security. today a colonel was shot and killed, not a u.s. colonel, but a local colonel in libya. there's been assassinations, kidnappin kidnappings. it's significantly insecure. especially in the east with the muslim brotherhood. they're threatening the current libyan government which puts our guys in a precarious situation. something else happened a week or so ago. this team that went in under a
congressional fund, u.s. taxpayer dollars that went in to help train libyans in counterterrorism was a team that tracked many of these suspects. now, they were there for training, but they also were tracking as part of their cover. they were at this camp, this camp funded by u.s. taxpayer dollars. the new libyan security chief came in and said you guys have to go. so the u.s. team which was training libyans was forced out and back to a villa where they hunkered down. a lot of issues happening there. a lot of people are frustrated in the region as to why the u.s. has had this information for a long time, a number of instances, and these guys are walking free and nothing has been done. some people insist that something will have to be done before the upcoming september 11th anniversary because there's just too much pressure on the administration to do something. >> adam, thank you. last time we saw san diego's mayor, an admitted serial hugger, he said there was no way he would quit ever. not going to happen.
now, several weeks and several more accusers later, well, it seems it's all about to change. in just minutes we could learn the price that mayor bob filner will pay or maybe the city council and taxpayers after 18 women accused him of harassment. getting theight nutrition during your busy day can be a challenge. take control of your nutrition with each delicious bar provides boost bars are perfect with a meal or as a nutritious snack. plus, they are available in chocolate and peanut butter chocolate flavors. a great-tasting way to get the nutrition you need. brand power. helping you buy better.
the infamous mayor who 18 people have now accused of groping, grabbing, and slobbering on them may be stepping down very soon. as we reported yesterday, mayor bob filner has cut a deal and according to several local reports, the city will spay som, if not all of his legal fees. the agreement could cost taxpayers hundreds of thousands of dollars. we cannot confirm those details. we do know the san diego city council will meet in an open session just minutes from now. immediately after lawmakers will hold a closed session to talk
about the proposed agreement. william is live with the news in san diego. william, what's the latest? >> reporter: gregg, you remember the filner dance and the filner headlock? now we may be seeing the filner bailout. as taxpayers are forced to pay the legal bill of this liberal democrat, bully mayor who was forced to seek treatment for his years of sexual misconduct. basically you've got him now playing his only card he has left, his office. leaving it quickly and quietly. in return city taxpayers may have to pay for his legal defense and any judgments. a far cry from the so-called innocent politician of six weeks ago. >> i expressed myself demonstrably. i'm a hugger of both men and women. >> reporter: now, at this point the city is not defending filner, it's defending itself against a costly recall. so it may be in their best
interests to cut him loose now. remember, there's one lawsuit that's been filed so far by gloria allred on behalf of basically the mayor's former pr director. when he leaves, the value of her lawsuit and the analysts say will fall. suddenly, a jury is not looking at a monster mayor but innocent taxpayers who also got taken. so at this point, gregg, city council is scheduled to meet around 1:00. they will be in open session. then they expect to go into closed session to hear the details of this settlement agreement. they'll take a vote there and come out and explain themselves. back to you. >> and if we get some live pictures of that, we'll pop them up and show our viewers. william, thanks very much. joining us here is civil attorney keith sullivan. also an adjunct professor at pace university. this guy is a piece of work, and he had the audacity to sue the city to make them and taxpayers pay his legal expenses, maybe part of, you know, a settlement with one of the alleged victims.
over conduct that is not within the course and scope of his employment. >> absolutely. you begin with the premise on this case that he epitomizes everything a politician should not be. you begin there. the conduct that he undertook that gives rise to this civil libt, is beyond the scope of his duties and office requirements. the city should not be settling the cases on his behalf. they have zero liability. >> it strikes me as akin to bribery. if it's illegal to buy a public office, keith, shouldn't it be illegal to buy somebody's resignation. >> that's exactly what he's doing. the only way he gets out of office is death, resignation, or impeachment. >> but the city council is complicit if they do what he wants them to do. give me money to pay for my legal fees and to pay off one or more of the victims. it's bribery. >> absolutely what it is. and those city council members are in a tight, tight, tough position because you don't want to unnecessarily expose the
municipalities assets, their money, and you don't want to create a sweetheart deal for somebody who is basically a dirty old man. there's no basis for these politicians to be -- >> one woman not only sued filner but sued city hall as well. that is not going to work, is it, because, again, sexual harassment is not part of the job. the city should not be liable. >> fortunately, fortunately, that is not on the job description. being a hugger is not on the job description. so the city has no liability but they have to do the cost/benefit analysis. do we settle these claims or fight them in court and do we go through the expense and time and effort of an impeachment proceeding? i think they stand up, they show a backbone, and they impeach the guy. >> yeah. well, you know, some people have said we have to pay him off to get rid of him. too bad, you guys elected him, now you're going to have to suffer the consequences for, you know, the months -- >> these extortion lawsuits have to stop. >> thanks. a raging wildfire tearing through one our country's great
national treasures. a state of emergency already in place but now there's word that fire is exploding in size. we'll be right back. [ male announcer ] this is claira. to prove to you that aleve is the better choice for her, she's agreed to give it up. that's today? [ male announcer ] we'll be with her all day to see how it goes. [ claira ] after the deliveries, i was okay. now the ciabatta is done and the pain is starting again. more pills? seriously? seriously. [ groans ] all these stops to take more pills can be a pain. can i get my aleve back? ♪
wildfire alert. parts of yosemite national park burn balloons from the inside. california's governor jerry brown has already declared a state of emergency. hundreds of residents and tourists evacuating. officials say thousands of homes could now be at risk. dominique just outside yosemite. dominic. >> hey, gregg. the speed of the fire is astonishing doubling in size overnight. you can see exactly why.
let me show you, we are currently standing outside groveland on the pine mountain lake airfield. in the distance you can see less than half a mile away. it's probably covered a mile itself in the past 45 minutes while we've been waiting to go on air. on the edge of the perimeter you have a tanker going around spraying that. but just over to the left hand side, slightly more to the east, you can actually see a group of houses. and these are some of the 4,500 houses under threat at the moment. there are mandatory evacuations in for pine mountain and also for groveland at the moment. the parts of yosemite park that's been affected, it's slightly to the northwest side of the park. big concern that the forest service was telling me this morning is it heads towards yosemite valley and one of the most beloved national parks in the united states, in the world. they say they're going to dedicate serious resources.
they've currently got 200 firefighters tackling the fire. they won't really know the size of this fire until early tomorrow morning. it takes infrared scanning overnight to decipher the size because they can't during the day because of all the smoke. bho knows where we'll be this time tomorrow. it's going to be huge. >> dominic, thanks. ben affleck set to play "batman." not all fans are on board with the casting choice. the caped crusader controversy coming up next. fer's starts with freshly-made pasta, and 100% real cheddar cheese. but what makes stouffer's mac n' cheese best of all. that moment you enjoy it at home. stouffer's. made with care for you or your family. ♪ now you can give yourself a kick in the rear! v8 v-fusion plus energy. natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle.
ben affleck, the new "batman." i'm not kidding. announcement from warner brothers has fans unhappy. some have started to petition against him. the movie will come out in 2015. it's supposedly bringing together batman and superman. one petition on change.org, the other one up on a white house website, but they took it down saying it kind of violated the terms and conditions. so that's going to be it. ben affleck starring as the
title superhero. he was a superhero in "daredevil." remember that? even he agreed it was an awful movie. i say bring back adam west. he's 85, tan, rested and ready. i'm craig jarrett in for shepherd smith. tick, tick, tick. accused of groping and forcibly kissing 18 women. is san diego mayor bob filner about to kiss his job, career, maybe future good-bye and get paid to do it on the way out? the city council debating it as we speak. a decision is imminent. and we are all over it. welcome everybody. i'm neil cavuto and we are live in san diego where the city council is meeting and deciding mayor's fate going over a tentative deal aimed at getting that mayor to go. residents, even the democratic party have been demanding it. now it looks like we are very close to seeing it. sources sath